AB 327, as introduced, Gordon. Public works: volunteers.
Existing law defines “public works,” for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem wages for work, except as specified.
Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. These provisions are effective only until January 1, 2017, and as of that date are repealed.
This bill would delete that repeal date provision, effectively extending those provisions indefinitely. The bill would also delete an obsolete provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1720.4 of the Labor Code is amended to
2read:
begin delete(a)end deletebegin delete end deleteThis chapter shall not apply to any of the following
4work:
5(1)
end delete
6begin insert(end insertbegin inserta)end insert Any work performed by a volunteer. For purposes of this
7section, “volunteer” means an individual who performs work for
8civic, charitable, or humanitarian reasons
for a public agency or
9corporation qualified under Section 501(c)(3) of the Internal
10Revenue Code as a tax-exempt organization, without promise,
11expectation, or receipt of any compensation for work performed.
12(A)
end delete
13begin insert(end insertbegin insert1)end insert An individual shall be considered a volunteer only when his
14or her services are offered freely and without pressure and coercion,
15direct or implied, from an employer.
16(B)
end delete
17begin insert(end insertbegin insert2)end insert An individual may receive reasonable meals, lodging,
18transportation, and incidental expenses or nominal nonmonetary
19awards without losing volunteer status if, in the entire context of
20the situation, those benefits and payments are not a substitute form
21of compensation for work performed.
22(C)
end delete
23begin insert(3)end insert An individual shall not be considered a volunteer if the
24person is otherwise employed for compensation at
any timebegin delete (i)end deletebegin insert (A)end insert
25 in the construction, alteration, demolition, installation, repair, or
26maintenance work on the same project, orbegin delete (ii)end deletebegin insert (B)end insert by a contractor,
27other than a corporation qualified under Section 501(c)(3) of the
28Internal Revenue Code as a tax-exempt organization, that receives
29payment to perform construction, alteration, demolition,
30installation, repair, or maintenance work on the same project.
31(2)
end delete
32begin insert(end insertbegin insertb)end insert Any work performed by a volunteer coordinator. For
33purposes of this section, “volunteer coordinator” means an
34individual paid by a corporation qualified under Section 501(c)(3)
35of the Internal Revenue Code as a tax-exempt organization, to
36oversee or supervise volunteers. An individual may be considered
37a volunteer coordinator even if the individual performs some
38nonsupervisory work on a project alongside the volunteers, so long
P3 1as the individual’s primary responsibility on the project is to
2oversee or supervise the volunteers rather than to perform
3nonsupervisory work.
4(3)
end delete
5begin insert(end insertbegin insertc)end insert Any work performed by the California Conservation Corps
6or by Community Conservation Corps certified by the California
7Conservation Corps pursuant to Section 14507.5 of the Public
8Resources Code.
9(b) This section shall apply retroactively to otherwise covered
10work concluded on or after January 1, 2002, to the extent permitted
11by law.
12(c) This section shall remain in effect only until January 1, 2017,
13and as of that date is repealed, unless a later enacted statute, which
14is enacted before January 1, 2017, deletes or extends that date.
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